Booster Transform Terms & Conditions, and Waiver Policy

This Site is owned and operated by Booster Transform. Booster Transform is the trading name of Booster Pilates AG, Registered in Switzerland.

These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the services provided by Booster Transform on the site and in our studios (“Studios”). Please read these terms and conditions carefully. Your use of the Site, the purchase of any Products or Services on this Site or in our Studios will be subject to these terms and conditions (“Terms and Conditions”). And you now hereby agree to our terms and conditions. If you do not accept the Terms and Conditions, do not use the Site.

Definitions

In these terms and conditions, the following definitions apply: “Services” means any information and services ordered and/or provided by Booster Transform through or via the Site or our Studios and all services offered as part of any course. Any electronic information supplied to you by Booster Transform will constitute part of “Service”. “Products” means any products offered for sale on the Site or in the Booster Transform Studios. “Site” means the web site at the URL www.boostertransform.com or replacement site(s) from time to time. ”Member” means any person that has completed and submitted the online registration form (the “Registration Form”) at the website or signed a waiver directly in the Studio. ”Terms and Conditions” means these terms and conditions. The Terms and Conditions are incorporated into the Registration Form.

TERMS AND CONDITIONS

BOOKINGS AND CANCELLATIONS

Subject to these Terms and Conditions, when a person has booked or attends a class, he/she becomes a Member of Booster Transform and agrees to comply with these Terms and Conditions. Acceptance of a person as a Member is in the absolute discretion of Booster Transform.

Members must be 18 or over or have their parents’ written consent before becoming a Member of the Studio.

Classes are always subject to availability and can be booked through our website www.boostertransform.com.

All classes must be prepaid and all clients agree to our 6hr notice policy when cancelling and/or rescheduling. So if you’re booked into a class, but miss it or cancel with less than 6 hours’ notice, you will be charged for it. If you cancel within the 6 hours’ notice, the class will be re-credited to your account except for the following exception (“Exception”). If you cancel your class less then 6 hours before it starts, we will give Members 3 ‘late cancellation jokers’, ie. 3 chances to get back their class credit or for the ‘All You Can Boost’ clients, not to be charged CHF25 or to be reimbursed.

An email will be sent to Member to confirm one of his/her joker has been used. This process is not automated, and it might happen that Booster Transform does not spot the late cancellation. If Member does not hear from Booster Transform 72 hours after their late cancellation, they should send an email to hello@boostertransform.com.

This Exception does not apply to ‘No shows’, ie. when a Member does not show up to a class and have not informed us.

Members will have the opportunity to get 3 new jokers per 12 month period (starting on the date of first usage), while helping Booster Transform raise its online awareness. Members can receive additional jokers by sharing their Booster Transform experience on Google reviews or Yelp or posting on their Facebook or Instagram pages, using #boostertransform.

When a Member needs a Late cancellation joker, they should share their experience and inform Booster Transform by email at hello@boostertransform.com and Member will receive a new late cancellation joker. Member needs to share his/her experience once per different channels, in order to receive 3 new jokers over a period of 12 month and should use 3 of the 4 different channels below:

Prices and validity of the different classes and packages are published directly on the Booster Transform website. No extensions to expiry date of classes and packages are available, except in case of injury, with a valid medical certificate.

Sessions are booked on a first-come first-served basis. A Member may use the wailist Service at www.boostertransform.com or on the Booster Transform mobile App. If a spot opens up, free spots are given away to clients on the waitlist in the order that they put themselves on up to 12 hours before the start of the class. Members will receive an email or a mobile notification (if they are using the mobile app), stating they have been moved into the class. If a spot opens up less than 12 hours before the start of the class, Members won’t be added automatically to the class. An email or mobile notification will be sent out to the clients on the waitlist to inform them that a spot has opened up. They can then sign up to the class on a first come first serve basis.

Booster Transform reserves the right to expel from the Studios, suspend for a specific period or refuse to accept the booking of any Member whose conduct is or may, in Booster Transform’ reasonable opinion, be inappropriate or injurious to the character of the Studios or other Members or which amounts to a breach of the Terms and Conditions. Any Member so expelled will forthwith cease to be a Member of the Studios and will not be entitled to any refund for any period during which his membership is suspended.

PAYMENT TERMS

2.1 Details of session prices are available at www.boostertransform.com and will be such prices, as determined by Booster Transform from time to time, subject to change by Booster Transform.

2.2 Payments for all Booster Transform (sessions, products from the online store) by any means and in any amount are non-refundable.

FITNESS AND HEALTH

By agreeing to these Terms and Conditions Members hereby represent and warrant that they are sufficiently physically fit to participate in the training offered by Booster Transform, and that they have no medical condition that would prevent their participation.

Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Our trainers are not medically qualified so if you have any doubts about your physical condition, wellbeing and capability to exercise, we strongly recommend that you get advice from a doctor first.

It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health.

The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studios facilities.

Members are required to follow the instructions of the instructor at all times.

Pregnant Members are advised to attend Booster Fit for Baby classes after having received the green light from their doctor and should in any case inform us at hello@boostertransform.com. Pregnant Members will need to stop taking classes 8 weeks prior to delivery and will be asked to provide, on a confidential basis, their due date to Booster Transform. For women who wish to train and get back in shape after a pregnancy, they need to check with their doctors that they are fit to train again.

DRESS / SAFETY AND HYGIENE

Members should attend sessions in gym clothes they feel comfortable to workout in. Although the machines are cleaned after each class, Booster Transform recommends to use toe socks (i.e. non slippery socks) which can be ordered online at www.boostertransform.com and picked up in the Studio just before the Member’s session. If there is available stock, and as long as the toe socks have not been worn and are still in an unopened packaging, the Member can exchange the toe socks in the Studio for another size or colour. The toe socks will not be reimbursed unless they were damaged before the Member even used them.

Footwear should be removed before entry to the Studio and can be placed in a cupboard in the Studios. However Booster Transform will not be held liable if the shoes are stolen or damaged.

In the interests of safety and hygiene, no crockery, glass or food are permitted in the Studios.

Fire exits, which are clearly marked, are present in the Studios. In the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

BOOSTER TRANSFORM REFERRAL PROGRAM

Booster Transform is offering a friends’ referral program (“Referral Program”) to all Members who want to take part in it. Members need to use the Booster Transform mobile app to take part in the Referral Program which is free of charge. The steps to follow to take part are described on www.boostertransform.com.

Thanks to the Referral Program, the Member’s friend will receive CHF10, making his/her ‘First Boost’ class free. After the Member’s friend’s second visit at Booster Transform, Member will see his/her account credited your with CHF30 (credits), that Member can use to purchase classes*. If Members wish to use their credits to purchase an ‘All You Can Boost’ pass, they must contact us at hello@boostertransform.com. Members can of course invite as many friends as they wish!

Credits can only be used to purchase classes at Booster Transform and will not be refunded in a monetary equivalent.

Booster Transform reserves the right to i) amend the rules of the Referral Program from time to time or ii) terminate it and will give Members reasonable prior notice.

IMPORTANT LIABILITY STATEMENT

Booster Transform cannot be held responsible for any particular session, instructor and/or item of equipment not being available for whatever reason. Booster Transform reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities (e.g. toilets), provided to Members, without notice and in its absolute discretion and Booster Transform will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

It is the Member’s responsibility to ensure that he/she is fit and well and capable of undergoing a routine of exercises in the classes, which he/she attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors and or through this Site at no time constitutes medical advice in substitute for advice provided by a medical professional.

It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this Site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release, waive, discharge and covenant, not to sue Booster Transform and its instructors for any risks, injury, damages, known or unknown, which you/they may incur as a result of participating in any of the classes or death caused by their negligence or other acts.

Booster Transform does not take any responsibility for the loss of or damages brought to keys, wallets or other personal belongings whilst you’re in the Studios or in the Silhouette Forum Fitness club. Lockers should not be used for storing valuables and if you do so, you leave them at your own risk.

You agree that your use of this Site and the Services is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Booster Transform does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result. The Site may include links to external sites and co-branded pages. Booster Transform is not responsible for the content of these site and pages or for anything provided by them.

WARRANTIES

Booster Transform warrants that the Products and Services will be supplied with reasonable skill and care.

SITE USAGE AND INTELLECTUAL PROPERTY RIGHTS

You may use the Site for personal and lawful use and in accordance with these Terms and Conditions and you are not allowed to copy or use any material from the Site for any commercial purpose.

The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in the Booster Transform brands trade marks and logos (“Materials”) are owned by Booster Transform. You are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. “Booster Pilates” is a registered trademark owned by Booster Pilates AG. You must not use the Booster Pilates brand, logos or marks without written license. You must not use the Site or the Booster Transform social media platforms such as Facebook, Google +, YouTube, Pinterest and Twitter pages to post, upload or otherwise transmit material which is threatening, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to hack into this Site or any other related computer system, to deliver viruses or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Booster Transform.

Booster Transform reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions or any breach of applicable law or regulation.

GENERAL

Booster Transform may change these Terms and Conditions from time to time and Members should check them regularly. By browsing the Site you are accepting that you are bound by the current Terms and Conditions. These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. These Terms and Conditions shall be governed and interpreted in accordance with Swiss law, and you consent to the jurisdiction of the Swiss courts.